Textual Amendments
F1Ss. 227A-227ZN and cross-headings inserted (1.2.2011 except for the insertion of s. 227ZM, 1.4.2011 in so far as not already in force) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 14(1), 206(1); S.S.I. 2010/413, art. 2, sch. (with art. 3(1))
(1)In this Act, an “unpaid work or other activity requirement” is, in relation to an offender, a requirement that the offender must, for the specified number of hours, undertake—
(a)unpaid work, or
(b)unpaid work and other activity.
(2)Whether the offender must undertake other activity as well as unpaid work is for the responsible officer to determine.
(3)The nature of the unpaid work and any other activity to be undertaken by the offender is to be determined by the responsible officer.
(4)The number of hours that may be specified in the requirement must be (in total)—
(a)at least 20 hours, and
(b)not more than 300 hours.
(5)An unpaid work or other activity requirement which requires the work or activity to be undertaken for a number of hours totalling no more than 100 is referred to in this Act as a “level 1 unpaid work or other activity requirement”.
(6)An unpaid work or other activity requirement which requires the work or activity to be undertaken for a number of hours totalling more than 100 is referred to in this Act as a “level 2 unpaid work or other activity requirement”.
(7)The Scottish Ministers may by order made by statutory instrument substitute another number of hours for any of the numbers of hours for the time being specified in subsections (4) to (6).
(8)An order under subsection (7) may only substitute for the number of hours for the time being specified in a provision mentioned in the first column of the following table a number of hours falling within the range set out in the corresponding entry in the second column.
| Provision | Range | |
|---|---|---|
| No fewer than | No more than | |
| Subsection (4)(a) | 10 hours | 40 hours |
| Subsection (4)(b) | 250 hours | 350 hours |
| Subsections (5) and (6) | 70 hours | 150 hours |
(9)An order under subsection (7) is subject to annulment in pursuance of a resolution of the Scottish Parliament.
(10) In this section, “ specified ”, in relation to an unpaid work or other activity requirement, means specified in the requirement. ]